vacation time & FMLA

Does anyone know if there is a law that says you can't take vacation time before FMLA? (I'm in NY). My employer is telling me that I can't take me vacation time before FMLA kicks in, they are saying that I have to use it during the 12 wks of FMLA, meaning that I would get my vacation pay while out on Fmla and won't actually get the 2 weeks off. They also said that if I did try to take the 2 weeks off prior to FMLA they won't guarantee my job, but I don't see how the 2 are related.Anyway, does anyone know what the actual laws are? I've researched this for days now and I cat find anything that talks about using paid vacation time outside of FMLA just that an employee has the option of using vacation time during FMLA Appreciate any help you can offer!

Does anyone know if there is a law that says you can't take vacation time before FMLA? (I'm in NY). My employer is telling me that I can't take me vacation time before FMLA kicks in, they are saying that I have to use it during the 12 wks of FMLA, meaning that I would get my vacation pay while out on Fmla and won't actually get the 2 weeks off. They also said that if I did try to take the 2 weeks off prior to FMLA they won't guarantee my job, but I don't see how the 2 are related.Anyway, does anyone know what the actual laws are? I've researched this for days now and I cat find anything that talks about using paid vacation time outside of FMLA just that an employee has the option of using vacation time during FMLA Appreciate any help you can offer!

Sounds like a load of crap. Is that coming straight from the hr dept or from your boss? Are you trying to use it in conjunction with your mat leave? The only thing I can think of is that you may need to return to work then start your mat leave. Check out the fmla guidelines- its a federal law so it's the same across states. What is different is if your state offers supplemental leave support.

Sounds like a load of crap. Is that coming straight from the hr dept or from your boss? Are you trying to use it in conjunction with your mat leave? The only thing I can think of is that you may need to return to work then start your mat leave. Check out the fmla guidelines- its a federal law so it's the same across states. What is different is if your state offers supplemental leave support.

With my employer I also have to use my vacation concurrently with fmla, so the first two weeks will be paid through that. I also get paid short term disability after my vacation is used up but that also runs at the same time as fmla.

With my employer I also have to use my vacation concurrently with fmla, so the first two weeks will be paid through that. I also get paid short term disability after my vacation is used up but that also runs at the same time as fmla.

You don't get paid for fmla so why wouldn't you want your paid time off during such time? Fmla is just so that you can leave without notice and for the time allotted wile still maintaining job security. It's just a security policy saying you have valid reason to miss and that they can not fire you, my husband will be taking fmla because they don't offer paternity leave and since we don't know when baby will arrive he can't exactly "schedule" his vacation time however he will still be using it during fmla so that his pay won't change.

You don't get paid for fmla so why wouldn't you want your paid time off during such time? Fmla is just so that you can leave without notice and for the time allotted wile still maintaining job security. It's just a security policy saying you have valid reason to miss and that they can not fire you, my husband will be taking fmla because they don't offer paternity leave and since we don't know when baby will arrive he can't exactly "schedule" his vacation time however he will still be using it during fmla so that his pay won't change.

The federal law says that an employer can require you to use vacation time as part of FMLA. So if you have 2 weeks paid vacation stored up you would have 2 weeks of FMLA paid and the remaining weeks would be unpaid. When your FMLA is over you vacation would be gone. So if you are taking your vacation time immediately prior to FMLA, and not returning to work in between, that would be cheating the system. If you were to use up your vacation well ahead of FMLA, it wouldn't be a problem.

I don't know if this law some how protects the employer, by keeping people from taking too much leave or what, but that is the law.

The federal law says that an employer can require you to use vacation time as part of FMLA. So if you have 2 weeks paid vacation stored up you would have 2 weeks of FMLA paid and the remaining weeks would be unpaid. When your FMLA is over you vacation would be gone. So if you are taking your vacation time immediately prior to FMLA, and not returning to work in between, that would be cheating the system. If you were to use up your vacation well ahead of FMLA, it wouldn't be a problem.

I don't know if this law some how protects the employer, by keeping people from taking too much leave or what, but that is the law.

FMLA in Cali is up to four months. There is also a clause that states we can take up to four months prior to baby being born for pregnancy complication (or something like that). Then you get your 6 or 12 weeks mat leave. We can also cashin whatever sick days we have. Just google it, that how I found it all out. Employers don't always know. :)

FMLA in Cali is up to four months. There is also a clause that states we can take up to four months prior to baby being born for pregnancy complication (or something like that). Then you get your 6 or 12 weeks mat leave. We can also cashin whatever sick days we have. Just google it, that how I found it all out. Employers don't always know. :)

I get short term disability, parental leave, and vacation time, but I have to use them all during my 12 weeks of FMLA. They all run at the same time. If they all run out before my 12 weeks, I can take the rest with no pay, but they do all run together with FMLA.

I get short term disability, parental leave, and vacation time, but I have to use them all during my 12 weeks of FMLA. They all run at the same time. If they all run out before my 12 weeks, I can take the rest with no pay, but they do all run together with FMLA.

Fmla is what protects your job. Short term disability is what pays you. At my job fmla takes effect immediately, but short term disability takes 5 business days, so I have to use a week of pto to get paid for those days. Also anything over the approved time that I want to take has to be pto. Fmla and vacation are 2 very different things and labor laws do dictate how they can be used.

Fmla is what protects your job. Short term disability is what pays you. At my job fmla takes effect immediately, but short term disability takes 5 business days, so I have to use a week of pto to get paid for those days. Also anything over the approved time that I want to take has to be pto. Fmla and vacation are 2 very different things and labor laws do dictate how they can be used.

My employers STD policy allows me to go out two weeks prior to my due date. The first week has to be taken as sick. Then I will be paid STD until 6 weeks post delivery. Then FMLA will begin. While on leave, I have to use all earned vacation and sick time before I can go unpaid.

My employers STD policy allows me to go out two weeks prior to my due date. The first week has to be taken as sick. Then I will be paid STD until 6 weeks post delivery. Then FMLA will begin. While on leave, I have to use all earned vacation and sick time before I can go unpaid.

My employer (in IL) requires that all paid time off is used during FMLA. (employee handbook) Which is awesome (sarcasm) because then when I come back from leave I have no sick, no vacation, and no pto for when baby gets sick or I just have a really bad night. Also, they can deny your vacation request, which is probably what they are suggesting. That's why the second I found out I was prego I put in for time off near my edd! Good luck.

My employer (in IL) requires that all paid time off is used during FMLA. (employee handbook) Which is awesome (sarcasm) because then when I come back from leave I have no sick, no vacation, and no pto for when baby gets sick or I just have a really bad night. Also, they can deny your vacation request, which is probably what they are suggesting. That's why the second I found out I was prego I put in for time off near my edd! Good luck.

Thanks everyone. My employer pays me my full salary for 6 of the 12 weeks and then STD kicks in for the other 6 weeks of FMLA, so since I will be getting paid the whole time while out on FMLA, I was hoping to add my 2 wks vaca to be out for a total of 14 weeks. Oh well we shall see what happens. Good luck to you all, we are getting so close!!

Thanks everyone. My employer pays me my full salary for 6 of the 12 weeks and then STD kicks in for the other 6 weeks of FMLA, so since I will be getting paid the whole time while out on FMLA, I was hoping to add my 2 wks vaca to be out for a total of 14 weeks. Oh well we shall see what happens. Good luck to you all, we are getting so close!!

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